Caledonia couple settle lawsuit against OPP
Last Updated: Wednesday, December 30, 2009 | 10:40 PM ET
CBC News
A couple who sued police and the Ontario government over their handling of an aboriginal occupation of land in Caledonia, Ont., have settled out of court.
A land-claims dispute has continued in Caledonia, Ont., for nearly four years. (Canadian Press) Dave Brown and Dana Chatwell were suing the Ontario Provincial Police and the province for $7 million, claiming they failed to fulfil their duty to protect the family when members of First Nations occupied land next to their home in 2006. They were four weeks into a trial that was to resume Monday.
The financial terms of the settlement are confidential, but the agreement includes no admission of liability by the defendants, Brown and Chatwell's lawyer said Wednesday.
"They are satisfied that this complex matter has been resolved," lawyer Michael Bordin said. "They're looking forward to moving on, to rebuilding their lives, in some ways starting again."
Bordin said the couple plan to move somewhere else in Caledonia but have no abiding animus toward the area's aboriginal population.
"Their difficulty has always been with what we would call inappropriate conduct directed at them. They've grown up in the Caledonia community, spent most of their lives, and they continue to have relationships with native persons in the community."
Ontario's Ministry of the Attorney General said in statement that it was "pleased" to have settled the case.
Six Nations demonstrators occupied the site across from Brown and Chatwell's home in February 2006 to prevent construction of a housing development, called Douglas Creek Estates, on what the protesters maintain is traditional First Nations land.
Hundreds have joined the action in the nearly four years since. The occupation has seen clashes with OPP officers and sharp criticism of the force.
Chatwell and Brown alleged the OPP did little or nothing when the couple brought up complaint after complaint about incidents at their house. The couple's statement of claim said they experienced trespassing, spotlights being shined into their windows for hours at night, threats against them and their property, a break-in and disruptive noise.
Some Caledonia residents have launched another, class-action lawsuit against the OPP and province.
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